الأحكام الفقهيه المتعلقه بالأبكم في النكاح والطلاق

Abstract

This study came to clarify the rulings related to the dumb in marriage and divorce - a comparative study - in light of the increasing interest the world is witnessing in people with special needs and the handicapped of the mute, blind and deaf. The Islamic Sharia has laid down provisions and rules that guarantee their rights in aspects of health, education, employment and other things they need. The importance of the topic is that the tolerant Islamic Sharia has considered the marriage and divorce of the mute with consideration, and made special legislation and laws for them. And it turns out that the Islamic Sharia evaluates its rulings on the basis of kindness to people, in contrast to man-made laws, and the research dealt with the definition of the terminology of the title. In his study, the researcher used this inductive approach in monitoring information related to the subject, then analyzing it thoroughly according to the rules of the comparative approach, according to the information contained in the primary and secondary sources. The study concluded that the right in Islamic law is based on full respect for all people with special needs, especially the mute. The study also concluded that the Islamic Sharia preceded other laws and man-made laws in taking into account the circumstances of people with special needs, because the Islamic Sharia evaluates its provisions on the basis of lifting people’s embarrassment, in contrast to man-made laws.